Knight v. Stroud, 16039.

• Court: United States State Supreme Court of South Carolina
• Writing for the Court: BAKER
• Citation: 46 S.E.2d 169
• Parties: KNIGHT et al. v. STROUD et al.
• Docket Number: No. 16039.,16039.
• Decision Date: 04 February 1948

46 S.E.2d 169

KNIGHT et al.
v.
STROUD et al.

No. 16039.

Supreme Court of South Carolina.

Feb. 4, 1948.

[46 S.E.2d 169]

Appeal from Common Pleas Circuit Court of Chesterfield County; J. Woodrow Lewis, Judge.

Action at law by J. Arthur Knight and another, as executors of the last will and testament of W. S. Huggins, deceased, against Nealie Stroud and another, for recovery of possession of real estate. From order that equitable issue of parol gift of the real estate set forth in the answer be referred to the Master for Chesterfield County to take and report the testimony, with leave to report upon any special matter, the defendants appeal.

Affirmed.

George K. Laney, of Chesterfield, for appellants.

James E. Leppard and William P. Gulledge, both of Chesterfield, for respondents.

BAKER, Chief Justice.

This is an action at law for recovery of possession of real estate claimed by respondents as Executor and Executrix, respectively, of the last will and testament of W. S. Huggins, who they allege was, at the time of his death, seized and possessed of the lands described, it being further alleged that by the terms of the will they were directed to sell the land and distribute the proceeds in accord with instructions therein contained. The appellants, it is alleged, after the death of W. S. Huggins, entered upon the premises, and have unlawfully withheld possession thereof.

Appellants answered denying the material allegations of the complaint, alleging that 60 acres of the tract of land described was by the testator given to the appellant, Nealie Stroud, the daughter of the said W. S. Huggins, by parol gift, it being alleged that W. S. Huggins moved her upon the place, put her in possession of it, and that she, with her family, has lived there ever since and has made valuable improvements thereon.

The action was docketed on Calendar No. 1, and called for trial before Honorable J. Woodrow Lewis, Judge of the Fourth Circuit, while holding a special term of the Common Pleas Court for Chesterfield County, commencing June 30, 1947 whereupon the attorney for respondents (plaintiffs below) moved that the issue as to parol gift, raised by the answer, be transferred to the Court of Equity. The learned trial Judge ordered that the equitable issue of parol gift of real estate set forth in the answer be referred to the Master for Chesterfield County to take and report the testimony, with leave to report upon any special matter. The appellants (defendants below) have...